CONDITIONSOFENGAGEMENTANDREMUNERATION ) FOR) · 3.! ^d Z Architect _!shall!mean!theprofessional! architectural!firm, organisation!orperson!commissionedby ! the Client!tocarry!outthes

ARCHITECTS REGISTRATION COUNCIL OF NIGERIA (ARCON) AND

THE NIGERIAN INSTITUTE OF ARCHITECTS (NIA)

ARCON Project Number

CONDITIONS OF ENGAGEMENT AND REMUNERATION

FOR

21ST SEPTEMBER 2011

Conditions of engagement and remuneration for the practice of Architecture, detailing the services offered by the Architect. The remuneration stipulated in this document represents the approved minimum for the corresponding professional service rendered by the Architect.

ARCHITECTS REGISTRATION COUNCIL OF NIGERIA (ARCON) AND THE NIGERIAN INSTITUTE OF ARCHITECTS (NIA)

CONDITIONS OF ENGAGEMENT AND REMUNERATION SERVICES 21ST SEPTEMBER 2011

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PREFACE . ......................................................................................................................................................... 3 CONTACT .......................................................................................................................................................... 4 DEFINITIONS ..................................................................................................................................................... 5 1 APPOINTMENT OF ARCHITECT ........................................................................................................... 8 2 SCOPE OF SERVICES ........................................................................................................................... 8 3 OBLIGATIONS AND AUTHORITY OF THE ARCHITECT ........................................................................... 8

3.1 Care and Diligence ................................................................................................................... 8 3.2 Architect's Obligation ............................................................................................................... 8 3.3 Reports ..................................................................................................................................... 8 3.4 Limitation of Warranty and Insurances ................................................................................... 8

3.4.1 Limitation of Warranty....................................................................................................................... 8 3.4.2 Professional Indemnity Insurance ...................................................................................................... 9 3.4.3 Architectural Standards Compliance Registration ............................................................................. 9

3.5 Co-‐operation ............................................................................................................................ 9 3.6 Alterations to Services or Design ............................................................................................. 9

4 OBLIGATIONS AND AUTHORITY OF THE CLIENT ................................................................................. 9

4.1 Information, Decisions, Approvals and Instructions ................................................................ 9 4.2 Statutory and Other Consents Required .................................................................................. 9 4.3 Appointment of Other Consultants ....................................................................................... 10 4.4 Responsibilities of Others ...................................................................................................... 10

5 ARCHITECTS REMUNERATION (AR) .................................................................................................. 11

5.1 Standard Services (Architectural Design) ............................................................................... 11 5.2 Standard Services (Supervision) ............................................................................................. 11 5.3 Additional Supervision and Residency ................................................................................... 11 5.4 Repetitive Works .................................................................................................................... 11 5.5 Renovation Works .................................................................................................................. 11 5.6 Partial Services ....................................................................................................................... 11 5.7 Project Management ............................................................................................................. 11 5.8 Other Additional and Supplementary Services ...................................................................... 11 5.9 Reimbursable Expenses ......................................................................................................... 11 5.10 Value Added Tax (VAT) .......................................................................................................... 11 5.11 Remuneration Milestones ..................................................................................................... 12

6 SCHEDULE OF PROFESSIONAL SERVICES ........................................................................................... 13

6.1 Architectural Services Delivery Stages (ASDS) ....................................................................... 13 6.2 .................................................................................................. 13 6.3 Client Undertaking to Issue Approvals ................................................................................... 13

7 INCAPACITY OF ARCHITECT .............................................................................................................. 13 8 POSTPONEMENT OR ABANDONMENT ............................................................................................. 14 9 RESUMED AGREEMENT .................................................................................................................... 14 10 ALTERATIONS AND MODIFICATIONS ................................................................................................ 14 11 COPYRIGHT AND USE OF INFORMATION ......................................................................................... 14

11.1 Copyright ................................................................................................................................ 14



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11.2 Use of information ................................................................................................................. 14

12 TERMINATION ................................................................................................................................. 15 13 FORCE MAJEURE .............................................................................................................................. 15 14 LAWS OF THE AGREEMENT .............................................................................................................. 15 15 ARBITRATION .................................................................................................................................. 15 16 ATTESTATION I ................................................................................................................................. 16 17 SCHEDULES ...................................................................................................................................... 17 Schedule 1. DETAILED SCOPE OF ARCHITECTURAL SERVICES..................................................................... 17 Schedule 2. DETAILED SCOPE OF SUPPLEMENTARY SERVICES AND REIMBURSABLES ............................... 20 Schedule 3. DETAILED SCOPE OF SERVICES AND RENUMERATIONS FOR PROJECT MANAGEMENT ........... 25 Schedule 4. RATES AND CALCULATIONS FOR REMUNERATIONS ............................................................... 27 18 AMENDMENT TO CONDITIONS OF ENGAGEMENT AND REMUNERATIONS ...................................... 30 19 ATTESTATION II ................................................................................................................................ 30 20 ADDENDUM ARCON PROJECT REGISTRATION FORMS .................................................................. 31

20.1 Project Registration Details ................................................................................................... 31 20.2 Contract Registration Details ................................................................................................. 31 20.3 Contract Completion Details .................................................................................................. 31



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PREFACE With effect from 21st of September 2011, the Architects Registration Council of Nigeria (ARCON) and the Nigerian Institute of Architects (NIA) signed into use this Conditions of Engagement and Remuneration for

, payable by both the public and the private sectors to architects.

The remuneration stipulated in this document represents the approved minimum for the corresponding professional service rendered by the Architect. With this remuneration, an Architect, as the Prime Consultant on building projects, is expected to render competent services to meet tprivate sectors as well as the general public.

In addition to complying with these mandatory minimum remunerations, ARCON and NIA issue this document to their members for use in all transactions with their clients. In doing so, members are reminded that they are bound by the professional code of conduct of the profession.

Arc. Umaru Aliyu fnia ppnia President

Architects Registration Council of Nigeria

Arc. Ibrahim A. Haruna fnia pnia President

Nigerian Institute of Architects



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CONTACT

is issued by the Nigeria Institute of Architects (NIA) and the Architects Registration Council of Nigeria (ARCON).

2011 Edition.

Joint Publishers: Architects Registration Council of Nigeria (ARCON) and Nigerian Institute of Architects (NIA)

Copies of this document may be obtained from the following:

1. ARCHITECTS REGISTRATION COUNCIL OF NIGERIA 26, Ajose Adeogun Street, (NULGE Building) 0ff Augustus Aikhomu Street, Utako, Abuja.

Tel: +234 9-‐8706525 Email: [email protected]

2. ARCHITECTS REGISTRATION COUNCIL OF NIGERIA House 1A & 1B Dolphin Scheme II, Behind Federal Secretariat Phase II. P. 0. Box 52895, Falomo, Ikoyi, Lagos. Tel: +234 1-‐8140499 Email: [email protected]

3. NIGERIAN INSTITUTE OF ARCHITECTS Plot 215 Muazu Magaji/Patrick Yakowa Crescent, Off Aminu Sale Street, Katampe Extension, Abuja Tel: +234 9780 9702 Tel: +234 8033 0472 17 Email: [email protected]

4. All State Chapters of the Nigerian Institute of Architects

mailto:[email protected]





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DEFINITIONS 1. Client shall mean the person or organisation or Government obtaining the professional services

under this Agreement.

2. shall mean the Federal, State and Local Government of the Federal Republic of Nigeria.

3. Architect shall mean the professional architectural firm, organisation or person commissioned by the Client to carry out the services required under the Agreement.

4. shall mean the Architect, who is the Prime Consultant and the Team Leader on building projects. He initiates, conceives and produces the Architectural Design, coordinates the input of other consultants and manages the project.

5. shall mean professional services. .

6. shall mean the building and/or other construction works which the Client wishes to undertake.

7. shall mean the construction.

8. shall mean this Conditions of Engagement and Remuneration for Professional

9. Force Majeure is defined as war, declared or undeclared, revolution, general labour strikes, disease epidemics, extraordinary floods or overflow of water, fire incidents and major disasters or other events beyond the control of the Architect.

10. shall mean consultant in Civil Engineering, Structural Engineering, Mechanical & Electrical Engineering, Quantity Surveying, Town Planning, and any other professional discipline relevant to the project other than Architecture.

11. Landsca shall mean specialist Architect in Landscape Design.

12. shall mean specialist Architect in Interior Design

13. shall mean that the building or other construction is habitable or the Works otherwise usable, although there may be minor items unfinished or defective workmanship, all of which are listed on the handover inspection.

14. shall mean hourly rates, (and daily rates or man-‐month rates derived therefrom) for professional and sub-‐professional staff. For the purposes of daily rates, the number of working hours per day shall be 8 hours.

15. shall mean a fee based upon time spent and other costs including all the relevant factors which will result in a lump sum fee being inserted in the Agreement.

16. shall mean unit(s) of the same design types and specification to be constructed on same site or other sites.

17. shall mean the various grades of Architects and technical officers hereunder referred to in Schedule 4.3.



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INTRODUCTION

On September 21st 2011, the Architects Registration Council of Nigeria (ARCON) approved and endorsed the Conditions of Engagement and Remuneration for Architectural services for Architects in the country.

This document therefore details the remuneration for services offered by the Professional Architect (PA).

The remuneration stipulated in this document represents the approved minimum for the corresponding professional service rendered by the Architect. With this remuneration, an Architect, as the Prime Consultant on building projects, is expected to render competent services to meet the needs in public and private sectors as well as the general public.

All architects are required to adhere to the provisions of this document. Non-‐compliance shall attract appropriate sanctions and penalties. Clients are advised to make representations on any unsatisfactory services by any registered Architect. The architect shall exhibit or apply best practices in the deliverance of his services as contained in the annexed Milestone schedule;

Non-‐compliance with the provisions of this document shall be a breach of the provisions of the professional code of conduct and ethics.

The selection and appointment of an architect shall be based on these Conditions of Engagement.

Payment for services rendered shall be made as at when due to facilitate prompt and successful delivery of services in accordance with the stipulated payment schedule contained herein.

This document is subdivided into eighteen Clauses, supported by four Schedules and is subject to review by The Council and The Institute as and when necessary.



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APPOINTMENT OF PROFESSIONAL

ARCHITECT

Firm/Name)

For

(Project Name)

At

(Project Location)

By

(Client)



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MEMORANDUM OF AGREEMENT

ON

THE APPOINTMENT OF PROFESSIONAL ARCHITECT

Made this _____________________ between ______________________ of ___________________________, (hereinafter called "the Client" which expression shall, where the context so admits, include his successors-‐in-‐title, assigns and representative) of the one part and __________________ of ________________________,expression shall, where the context so admits, include his successors-‐in-‐title, executors, personal representatives and assigns) of the other part.

Whereas the Client intends to ___________________________________________________________

(Herein after called "the Services")

Now, Therefore, The Client and the Architect, for the consideration hereinafter named, agreed as follows:-‐

1 APPOINTMENT OF ARCHITECT 1.1 The Client hereby appoints the Architect and the Architect hereby agrees to render the Services on the

project upon the terms and Conditions of Engagement for architectural services hereinafter set forth.

2 SCOPE OF SERVICES 2.1 The Architect, as Prime Consultant on building projects, shall undertake the responsibilities and

provide the Standard Services described in Schedule 1 and/or the Supplementary and/or Project Management Services described in Schedule 2.

3 OBLIGATIONS AND AUTHORITY OF THE ARCHITECT

3.1 Care and Diligence The Architect, in performing the Services and discharging all the obligations under clause 2 of these Conditions, shall exercise reasonable care and diligence in conformity with the expected level of professionalism.

3.2 Architect's Obligation The Architect, as the Prime Consultant, is required to discharge the professional responsibilities as provided in this document in an impartial manner for the success of the project.

3.3 Reports The Architect shall keep the Client informed of progress in the performance of the Services and of any issue that may affect the programme, cost or quality of the Project.

3.4 Limitation of Warranty and Insurances

3.4.1 Limitation of Warranty

The Architect does not warrant the performance, work or products of others who by their actions or inactions affect the successful delivery of the Service.



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3.4.2 Professional Indemnity Insurance

The Client shall allow for the provision of continuous all-‐risk insurance for all project phases, covering professional indemnity and contractors all-‐risk insurance.

3.4.3 Architectural Standards Compliance Registration

The Client shall allow for the registration of building designs with the Architects Registration Council of Nigeria in accordance with applicable guidelines and standards.

3.5 Co-‐operation The Architect in performing the Services shall, when reasonably required by any of the persons identified in Clause 4.3

i. co-‐operate with them as reasonably necessary for the carrying out of their services; ii. provide them with information, as agreed in these Conditions, for carrying out their services; iii. consider and comment on their work when necessary or as requested by them; iv. integrate into the Architect's work relevant information provided by them.

3.6 Alterations to Services or Design The Architect shall not effect major alterations on the scope of Services without the approval of the client.

4 OBLIGATIONS AND AUTHORITY OF THE CLIENT

4.1 Information, Decisions, Approvals and Instructions 4.1.1 The Client shall provide the Architect with a comprehensive project brief and shall commission the

studies required to arrive at the budget and programme. 4.1.2 The Client shall supply accurate information as necessary for the proper and timely performance of the

Services. 4.1.3 The client shall not unnecessarily withhold information, decisions and approvals as may be required

for the timely execution of the Services. 4.1.4 The Client shall notify the Architect of his intention to make alterations and or amendments, subject to

the Architects right of reasonable objection. 4.1.5 All notices/requests for approvals or decisions from the Client by the Architect shall be responded to

within the agreed period. 4.1.6 The Client shall allow for the provision of continuous all-‐risk insurance for all project phases, covering

professional indemnity insurance. 4.1.7 The Client shall allow for the provision of Standards Compliance Registration for architectural buildings

and other projects with the Architects Registration Council of Nigeria (ARCON) and pay the related statutory fees as set out by ARCON. Projects shall be issued with an ARCON Project Registration Number to certify that the work has been carried out by a duly registered Architect.

4.1.8 The client shall make all payments due to the Architect in accordance with Clause 5 of this agreement.

4.2 Statutory and Other Consents Required 4.2.1 The Client shall cause the making of applications for all necessary permits under the appropriate

legislation. 4.2.2 The Client shall pay all statutory charges, fees, expenses and disbursements in respect of such

applications.



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4.3 Appointment of Other Consultants The Architect, as Prime Consultant, shall recommend the appointment of other consultants including the clerk of works to work with him on the project. The appointed consultants as listed below shall be remunerated in accordance with their set professional remunerations; the architect shall co-‐ordinate all deliverables by the appointed consultants for proper project delivery.

Project Manager, Planning Consultant, Quantity Surveyor, Structural Engineer, Mechanical Services Engineer, Electrical Services Engineer, Surveyors, Geo-‐Technical Engineers etc.

4.4 Responsibilities of Others 4.4.1 Service providers on the project shall:

a. be responsible for the competent performance of their services; b. comply with the directives of the Architect and provide all information needed for the proper and

timely performance of their Services;



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5 ARCHITECTS REMUNERATION (AR)

5.1 Standard Services (Architectural Design) The initial fee payable to the Architect shall be a percentage of the estimated project cost, while the final fee shall be based on the adjusted final project cost, all in accordance with Schedule 4.1.

5.2 Standard Services (Supervision) The total remuneration payable to the Architect for standard supervision services shall be based on time charges in accordance with Schedule 4.3.

Where the services of the Architect extend beyond the estimated contract period, the Architect shall continue to receive the hourly rate remuneration and expenses until completion of the project.

5.3 Additional Supervision and Residency The total remuneration payable to the Architect for additional supervision and residency services shall be based on time charges in accordance with Schedule 4.3. Additional supervision and residency services are detailed in Schedule 2.3.

5.4 Repetitive Works The total remuneration payable to the Architect for repetitive works shall be based on the number and nature of repeats and calculated in accordance with Schedule 2.4.

5.5 Renovation Works The fee payable to the architect for renovation, rehabilitation, refurbishing, retrofitting, restoration or remodelling works on existing premises shall be in accordance with Schedule 2.5.

5.6 Partial Services The remuneration payable to the Architect for Partial Services shall be charged in accordance with Schedule 2.6.

5.7 Project Management The remuneration payable to the Architect for Project Management Services shall be charged in accordance with Schedule 4.3.

5.8 Other Additional and Supplementary Services The total remuneration payable to the Architects for supplementary and additional services will be calculated in accordance with the applicable detailed service descriptions in Schedule 2.8 and time charges or percentage charges in Schedule 4.3.

5.9 Reimbursable Expenses The Architect shall be reimbursed by the Client for all expenses actually and properly incurred on the project as detailed in Schedule 2.9

5.10 Value Added Tax (VAT) Remuneration and expenses arising under the Agreement are exclusive of Value Added Tax (VAT) which shall be added appropriately.



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5.11 Remuneration Milestones

DESIGN STAGE I

(DS I)

Phase 1 15% as initial payment on issuance of letter of Commission and instruction to proceed with the appraisal, programming and project definition (Commitment Fee)

Phase 2 20% as payment for Concept Design.

DESIGN STAGE II

(DS II)

Phase 3 25% as payment for Co-‐ordinated Detail Design.

Phase 4 40% as payment for all Construction documents.

TENDERING AND AWARD (TA) Phase 5

Payment based on minimum hourly rates in accordance with Schedule 4.3 -‐ pre-‐qualification of contractors, invitation to tender, analysis, negotiation, recommendation and award.

CONSTRUCTION Phase 6 Payment based on minimum hourly rates in accordance with Schedule 4.3 -‐ from site handover to contractor through to completion.

POST CONSTRUCTION Phase 7

Payment based on minimum hourly rates in accordance with Schedule 4.3:

Architects Post Occupancy Analysis (APOA)

Architects Post Occupancy Evaluation (APOE)

Table 5.11 a

NOTE: Should work on the construction extend beyond the estimated contract period, the Architect and his team will continue to receive the hourly rate remuneration until completion of the project.

Remuneration and expenses are to be paid within 21 working days of submission. Any remuneration and expenses due but continued to remain unpaid shall attract interest from the 22nd working day after submission to the date of payment at the rate of 2.5% above the prevailing bank interest rate ruling in Nigeria at that time.



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6 SCHEDULE OF PROFESSIONAL SERVICES

6.1 Architectural Services Delivery Stages (ASDS) For the purpose of this Agreement the Architect as the Prime Consultant, shall complete the Architectural services in the following stages:-‐

S/N STAGE SCOPE

1 Design Stage I

(DS I)

From the date of receipt of instructions to proceed until the submission of the final concept design including the preliminary

programme.

2 Design Stage II

(DS II)

From th Design I until the submission of

project programme.

3 Tendering and Award

(T&A)

From commencement of tender process to the award of the contract.

4 Construction Stage

(CS)

From handing-‐over site to the contractor, issuing of Architects Payment Certificates, completion and acceptance of the Works by the Client, defects Liability Period, issuing of the Practical Completion Certificate and the Final Payment Certificate.

5 Post Construction

Period (PCP)

Project hand over through the defects liability period up to final account.

Table 6.1 a

6.2 Where there is a delay due to the or that of third party assigned to provide decision or approval within an agreed period, the Architect may notify the Client of the suspension of the affected services. Any costs incurred at resumption shall be borne by the Client.

6.3 Client Undertaking to Issue Approvals The Client undertakes to process and issue any decisions and approvals that arise in line with clause 6.2.

7 INCAPACITY OF ARCHITECT In the event of the Architect incapacitation, the Client may make full use of all documents prepared by him pursuant to and for use under this Agreement without prejudice to the lien on such documents against unpaid fees. The Client shall not make use of such documents except for the purpose of the building Works which are the subject of this Agreement.



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8 POSTPONEMENT OR ABANDONMENT In the event of the whole or any part of the Services being postponed, abandoned or delayed through no fault of the Architect, the Parties shall proceed as follows:

8.1 Instructions to postpone, abandon or delay work shall take effect after such instructions are received from the Client. The remuneration payable in this event shall be computed on a 'pro-‐rata' basis to match the services delivered, with charges to cover overheads.

8.2 Notwithstanding clause 9.1 if instructions necessary for the Architect to continue work are not received from the Client six months after such instructions were requested, the services under this Agreement shall be deemed to have been abandoned.

9 RESUMED AGREEMENT 9.1 If this Agreement, which has been abandoned pursuant to Clause 8 is resumed without substantial

alteration within one year, any remuneration paid under Clauses 8.1 and 8.2 shall rank solely as payments on account towards the total remuneration on the execution of the Services herein and calculated on the total revised estimated costs of works.

9.2 Where this Agreement which has been abandoned pursuant to clause 8 is resumed at any time with substantial alteration or is resumed after one year, any remuneration paid under Clauses 8.1 and 9.1 shall be regarded as final payment for the Services originally rendered. The resumed Agreement shall be deemed separate and remuneration will be charged in accordance with Clause 5 of these conditions.

9.3 All additional services arising out of Clause 9.1 shall be remunerated on hourly rate basis.

10 ALTERATIONS AND MODIFICATIONS All alterations and modifications to approved documents by the Client constitute additional services and shall be remunerated in accordance with schedule 4.3.

11 COPYRIGHT AND USE OF INFORMATION

11.1 Copyright The Architect owns the copyright of the work produced in the performance of the services and asserts the rights to be identified as the author of the artistic work and or work of architecture comprising the Project.

11.2 Use of information The Client, with the express permission of the Architect, is allowed the use of documents produced by the Architect, hereinafter called 'the Material', only for purposes related to the Project on the Site or part thereof.

Provided that:

1. The Architect shall not be liable if the Material is modified other than by or with the consent of the Architect, or used for any purpose other than that for which it was prepared, or used for any unauthorised purpose;

2. Where the Client is in default of payment of any amounts due, the Architect reserves the right to withdraw his permission for the use of the Material, giving 7 of the intention to do so.



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12 TERMINATION This Agreement may be terminated at any time by either party on the expiration of reasonable notice when the Architect shall be entitled to remuneration in accordance with the provisions of Clause 8.1.

13 FORCE MAJEURE The Architect will not be responsible for any damage or delay to the Works or delays to the Services attributable to Force Majeure. In the event of Force Majeure, the Architect shall give the Client written notice. Where Force Majeure actually results in such delays or additional service, the Architect shall be entitled to reasonable reimbursement and extension of time where applicable.

14 LAWS OF THE AGREEMENT This Agreement shall be governed by the laws of the Federal Republic of Nigeria.

15 ARBITRATION 15.1 Any disputes arising out of this Agreement which cannot be settled by mutual agreement shall be

referred to an arbitrator to be agreed between the parties or, failing such agreement within a month, to an arbitrator appointed by the President of the Nigerian Institute of Architects.

15.2 Any such reference shall be deemed to be a submission to arbitration within the Arbitration and Conciliation Act Cap A18 of the laws of the Federation of Nigeria 2004 and any subsequent revisions thereto.

15.3 The findings of the arbitrator shall be binding on the parties hereto.



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AS WITNESS WHEREOF the Parties hereto have hereunder set their hands the day and year first above written.

16 ATTESTATION I

SIGNED AND DELIVERED by:

Signature:

for and on behalf of the Client: ______________________________________________

in the presence of:

Witness Signature:

Name in block letters ______________________________________________

Address ______________________________________________

SIGNED AND DELIVERED by :

Signature:

for and on behalf of the Architect ______________________________________________

in the presence of:

Witness Signature:

Name in Block letters: ______________________________________________

Address: ______________________________________________



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17 SCHEDULES

Schedule 1. DETAILED SCOPE OF STANDARD ARCHITECTURAL SERVICES

1.1 Preliminary And Final Concept Design (Phases 1 & 2)

1.1.1 Phase 1: -‐ Commitment (15% of Percentage Remuneration as calculated in Schedule 4) Receive, appraise and report on the client's requirements with particular regard to site information, planning and statutory regulations and budget and produce site analysis and report.

Guide and advise the client on:

a. Procedures to meet his requirements b. Constraints and challenges in meeting his requirements c. The need for the appointment of other consultants d. Selection of procurement methods e. Challenges, opportunities and project cost implications emanating from the site analysis report

1.1.2 Phase 2: -‐ Concept Design (20% of Percentage Remuneration in accordance with Schedule 4) Prepare a design concept in broad outline showing site situation and planning, space provisions, planning relationships and materials and services intended to be used.

Guide and advise the client on:

a. The technical and functional characteristics of the project as proposed b. The estimated costs in relation to the budget c. The anticipated project programme d. The input of other consultants and specialists.

1.2 Detail Design & Production Drawings (Phases 3 & 4)

1.2.1 Phase 3: -‐ Coordinated Detail Design (25% of Percentage Remuneration in accordance with Schedule )

Develop the design concept in sufficient detail to:

a. Detail the site plan and the location of all site structures b. Graphically define the construction of the building c. Spatially coordinate the designs by other consultants and specialists d. Review the design with the relevant authorities e. Submit the project for planning approvals (based on time charges)

1.2.2 Phase 4: -‐ Construction Documentation (40% of Percentage Remuneration in accordance with Schedule 4)

a. Preparation of construction documentation and coordination of construction documentation with the designs by other consultants and specialists.

b. Selection of appropriate Conditions of Contract for the project.



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c. Determination of appropriate Preliminary Items to suit actual site conditions and project nature. d. Provision of data for obtaining estimates and other information. e. Preparation of Schedules and Written Specifications. f. Provision of data for the preparation of information for the Bills of Quantities (BOQ), g. Coordination and reconciliation of all drawings with the Bill of Quantities to eliminate discrepancies

between drawings and the Bill of Quantities.

1.3 Tendering and Award -‐ Phase 5 (Time Charges) a. Guide and advise the Client in the pre-‐qualification of contractors, sub-‐contractors and invitation of

suitable firms to tender b. Obtain, analyse, negotiate, report and recommend on the tenders.

1.4 Construction Stage (CS) -‐ Phase 6: (Time Charges) a. Direct and co-‐ b. Supervise and co-‐ c. Co-‐ordinate and preside over monthly site meetings, technical meetings as well as other site visits. d. (APC); e. Prepare and submit Quarterly Progress Reports (QPR). f. Issue Architects Site Instructions (ASI), revised designs and additional drawings and details. g. Issue Architects Material and Component Sample Approvals (AMCSA) and material test approvals. h. Inspect off-‐site materials intended for the project at points of origin. i. Attend special meetings and consultations with the client. j. Produce special reports and documentation. k. Oversee and supervise the testing and commissioning of equipment and collate relevant technical

reports. l. Co-‐ordinate and manage the handover of works to the client. m. Prepare schedule of defects and manage the defects liability period. n. Issue Architects Practical Completion Certificate (APCC). o. Co-‐ordinate and manage the preparation of final account and its acceptance as well as issue

inal Payment Certificate (AFPC). p. Prepare, coordinate and collate as-‐built drawings. q. Prepare, coordinate and collate maintenance manuals. r. Receive, direct, review and recommend on claims. s. Prepare project performance appraisals t. Prepare building performance appraisals

These services shall be charged on hourly rate basis in accordance with Schedule 4.3.

1.5 Existing Structures The scope of work for existing structures shall include:

a. Surveys and inspections b. Production of Measured drawings



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c. Preparation of schedule of dilapidations, schedule of conditions, etc, and associated drawings and documentation

d. Renovation, Rehabilitation, Refurbishing, Restoration, Retrofitting and Remodelling. e. Demolitions

These services shall be charged on percentage basis in accordance with Schedule 4.1 for Design Stages I & II and on an hourly rate basis, in accordance with Schedule 4.3. for Construction Stage and additional services.



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Schedule 2. DETAILED SCOPE OF SUPPLEMENTARY ARCHITECTURAL SERVICES The following services are not included in the standard services described in Schedule 1 and constitute additional services which shall attract separate remuneration.

2.1 Standard Services (Architectural Design) See Schedule 1

2.2 Standard Services (Supervision) See Schedule 1

2.3 Additional Site Visits and Residency

2.3.1 Additional Site Visits:

Where a project requires site visits over and above the standard one visit-‐per-‐month, it shall be regarded as additional service and shall attract additional remuneration in accordance with Schedule 4.3.

2.3.2 Residency:

Resident Supervision maintaining professional personnel on site on a daily basis. The cost of maintaining resident personnel shall be charged on an hourly rate basis in accordance with Schedule 4.3. The cost of accommodation, transportation and other expenses shall be in accordance with Schedule 2.9.

2.4 Repetitive Works The remuneration for pre-‐contract services (Design Stages I & II) for repetitive work shall be full remuneration for the first building, while subsequent repeats shall attract reduced fees in accordance with the table 2.4a below:

S/N NUMBER OF REPEATS % REMARKS

1 First 1 shall be charged at 100% Full fees for first building.

2 Next 10 repeats shall be charged at 50% the remuneration of the first building x 10.



5 Over 60 repeats shall be charged at 10% the remuneration of the first building x 60+.

Table 2.4 a

The remuneration for post-‐contract services (i.e. construction stage) for repetitive works shall be charged on hourly rate basis in accordance with Schedule 4.3. The remuneration for the external works shall be charged in accordance with schedule 4.1.



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2.5 Renovation Works Renovation works shall include rehabilitation, refurbishing, retrofitting, restoration and remodelling and shall be carried out in the following stages:

2.5.1 Conditional Survey

2.5.2 As-‐built Drawings

2.5.3 Design Stage I

2.5.4 Design Stage II

2.5.5 Construction Stage

2.5.6 Post Construction The fee payable to the architect for renovation works shall be in accordance with the applicable sections of schedule 4.

2.6 Partial Services The total remuneration payable to the Architect appointed to render partial services shall be charged in accordance with Schedule 4.2.

2.7 Project Management Services: The Project Manager coordinates the logistics of the Project and activities of other Consultants as they relate to the Client. He does not take professional responsibility for the performance of any of the other Consultants. It shall constitute an additional service for the Architect.

2.7.1 Architect as Project Manager The Architect as the Project Manager shall be the Ccoordination of logistics and general support services as required by the size and nature of the project. Remuneration shall be in accordance with Schedule 4.3.

2.8 Other Additional and Supplementary Services The total remuneration payable to the Architects for supplementary and additional services shall be charged in accordance with Schedule 2 and Schedule 4.3.

2.8.1 Pre-‐design Stage 2.8.1.1 Feasibility Studies -‐ The object of this study is to identify the parameters of the project in terms of

facilities and functions, space use, budget inclusive of remuneration, the programme, other consultants to be engaged and services required; shall be charged on hourly rate basis in accordance with Schedule 4.

2.8.1.4 The preparation of the client's brief shall be charged on hourly rate basis in accordance with Schedule 4.



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2.8.1.5 Site selection, survey and location services shall be charged on hourly rate basis in accordance with Schedule 4.

2.8.1.6 Environmental Impact Assessment (EIA) studies and reports shall be charged on hourly rate basis in accordance with Schedule 4.

2.8.2 Design Stage (DS) 2.8.2.1 The production of Primary Digital Information (PDI) which includes digital soft-‐copy of CAD (computer

aided design) drawings and or BIM (building information modelling) files by the architect shall attract additional remuneration charged at 1% of the Adjusted Cost of Project on the completion of Design Stage II (DS II).

2.8.2.2 Design Quality Management (DQM) and Architects Value Engineering (AVE) remuneration shall be on hourly rate basis in accordance with Schedule 4.

2.8.2.3 Processing for and Obtaining Building Permit, this service shall be on hourly rate basis in accordance with Schedule 4.

2.8.2.4 The provision of supplementary or revised documentation due to the exigencies of the project or revised requirements of the client arising after the firm has received the client's instructions to commence his work: Provided that any other additional remuneration do not cover such documentation. Remuneration shall be on hourly rate basis in accordance with Schedule 4.

2.8.2.5 Impressions, Models and Illustrations: remuneration shall be charged at cost plus 35%.

2.8.2.6 Energy conservation services shall be remunerated based on hourly rate basis in accordance with Schedule 4.

2.8.2.7 Human and vehicular traffic studies and design shall be remunerated based on hourly rate basis in accordance with Schedule 4.

2.8.2.8 Urban design: this service shall be remunerated based on hourly rate basis in accordance with Schedule 4.

2.8.2.9 Master site planning/layout planning of future buildings related to the current works; shall be remunerated based on hourly rate basis in accordance with Schedule 4.

2.8.2.10 Promotional material this service shall be remunerated based on hourly rate basis in accordance with Schedule 4.

2.8.2.11 Graphics and signage; this service shall be remunerated based on hourly rate basis in accordance with Schedule 4.

2.8.2.12 Purpose-‐made items; this service shall be remunerated based on hourly rate basis in accordance with Schedule 4.

2.8.2.13 Schedule of furnishing and furniture including the selection, documentation and procurement of furniture and furnishings and special finishes or fixtures; this shall be remunerated based on hourly rate basis in accordance with Schedule 4.

2.8.2.14 Plant procurement, operational and production layouts; this service shall be remunerated based on hourly rate basis in accordance with Schedule 4.

2.8.2.15 Acoustic Design; this service shall be remunerated based on hourly rate basis in accordance with Schedule 4.

2.8.2.16 Lighting Design; this service shall be remunerated based on hourly rate basis in accordance with Schedule 4.



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2.8.2.17 Material Selection Procurement; this service shall be remunerated based on hourly rate basis in accordance with Schedule 4.

2.8.2.18 Interior Architecture: shall be remunerated based on hourly rate basis in accordance with Schedule 4.

2.8.2.19 Landscape Architecture: remuneration shall be remunerated based on hourly rate basis in accordance with Schedule 4.

2.8.3 Tendering and Award (TA) 2.8.3.1 Procurement remuneration shall be on hourly rate basis in accordance with Schedule 4.

2.8.3.2 Quality control, assurance and accreditation of service providers (contractors, subcontractors, specialists etc); this service shall be remunerated based on hourly rate basis in accordance with Schedule 4.

2.8.3.3 Negotiations (Client Management Services) remuneration shall be on hourly rate basis in accordance with Schedule 4.

2.8.4 Construction 2.8.4.1 Access/Hoist way for Façade Maintenance this service shall be on hourly rate basis in accordance with

Schedule 4.3

2.8.4.2 Computation of variations and valuations; remuneration shall be on hourly rate basis in accordance with Schedule 4.3

2.8.4.2 Services concerning disputes and litigation associated with the project; remuneration shall be on hourly rate basis in accordance with Schedule 4.3

2.8.4.3 Services concerning work arising from the insolvency or liquidation of a party related to the building contract; remuneration shall be on hourly rate basis in accordance with Schedule 4.3

2.8.4.4 As built drawings; remuneration shall be on hourly rate basis in accordance with Schedule 4.3

2.8.4.5 Maintenance and operating manuals. This service shall be charged on hourly rate basis in accordance with Schedule 4.3

2.8.4.6 Lessons Learnt (Building Performance Appraisal); remuneration shall be on hourly rate basis in accordance with Schedule 4.3

2.8.4.7 Lessons Learnt (Project Performance Appraisal); remuneration shall be on hourly rate basis in accordance with Schedule 4.3

2.8.5 Post Construction 2.8.5.1 Architects Post Occupancy Analysis (APOA); remuneration shall be on hourly rate basis in accordance

with Schedule 4.3

2.8.5.2 Architects Post Occupancy Evaluation (APOE); remuneration shall be on hourly rate basis in accordance with Schedule 4.3

2.8.6 Others 2.8.6.1 Design Audit: remuneration shall be on hourly rate basis in accordance with Schedule 4.3

2.8.6.2 Arbitration: remuneration shall be on hourly rate basis in accordance with Schedule 4.3



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2.8.6.3 Schedules of dilapidations/condition surveys: remuneration shall be on hourly rate basis in accordance with Schedule 4.3

2.8.6.4 Pre-‐competition, Jury, post adjudication and other services for architectural design competitions shall be in accordance with the ARCON/NIA approved Guidelines for Architectural Competitions published by the Nigerian Institute of Architects: remuneration shall be on hourly rate basis in accordance with Schedule 4.3

2.8.6.5 Green building rating: remuneration shall be on hourly rate basis in accordance with Schedule 4.3

2.8.6.6 Green building faculty services: remuneration shall be on hourly rate basis in accordance with Schedule 4.3

2.8.6.7 Green building rating assessment: remuneration shall be on hourly rate basis in accordance with Schedule 4.

2.8.6.8 Special reports: remuneration shall be on hourly rate basis in accordance with Schedule 4.3

2.8.6.9 Monitoring and Evaluation (M&E) of inputs, outputs, impacts and outcomes of projects and programmes. Remuneration shall be on hourly rate basis in accordance with Schedule 4.3.

2.9 Reimbursable Expenses

2.9.1 -‐ The Client shall pay for communications, printing, drawing reproduction and local travel 0.6% of project cost in accordance with Schedule 4.

2.9.2 -‐of-‐ The Client shall pay for all expenses actually and properly incurred in respect of travel, transportation, accommodation, rentals, printing and reproduction and other project expenses which occur outside the town of residence of the Architect, denoted -‐of-‐presentation of detailed invoices with supporting receipts. Payment shall be actual cost plus 15%. This payment shall be in addition to such expenses as described in Schedule 2.9.1.

2.10 Additional services not contemplated in standard services, the need for which is not attributable to the Architect, shall be remunerated based on hourly rates basis in accordance with Schedule 4.



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Schedule 3. DETAILED SCOPE OF SERVICES AND RENUMERATIONS FOR THE ARCHITECT AS PROJECT MANAGER

3.1 Project Management Services 1.

2. Development and preparation of the brief

3. Prepare an option / feasibility report

4. Execute a risk analysis exercise

5. Establish the budget and the total project programme

6. Advise on the design team selection

7. Establish and manage integrated communication and information systems between the client and the Design Team

8. Advise on the appropriate procurement strategy

9. Establish the pre-‐contract control systems and execute a value analysis exercise

10. Monitor planning permission and other statutory consents

11. Facilitate and receive tenders evaluation / report including the selection of contractor(s)

12. Establish the post contract time, cost and quality control and management systems

13. Receive from Prime Consultant, Quarterly Progress Reports (QPR), through to the project completion commissioning and occupation.

These services shall be charged in accordance with Schedule 4.

3.2 Additional And Supplementary Project Management Services Rendered By The Architect

3.2.1 Normal Supervision of Works (Construction); remuneration shall be on hourly rate basis in accordance with Schedule 4.

3.2.2 Resident supervision remuneration shall be on hourly rate basis in accordance with Schedule 4.

3.2.3 Interior decoration remuneration shall be on percentage basis in accordance with Schedule 4.

3.2.4 Renovation, Rehabilitation, Refurbishing, Restoration, Remodelling, Retrofitting etc; remuneration shall be on percentage basis in accordance with Schedule 4.

3.2.5 Landscaping remuneration shall be on percentage basis in accordance with Schedule 4.

3.2.6 Negotiations (Client Management Services) remuneration shall be on hourly rate basis in accordance with Schedule 4.

3.2.7 Special reports remuneration shall be on hourly rate basis in accordance with Schedule 4.

3.2.8 Pre-‐design services remuneration shall be on hourly rate basis in accordance with Schedule 4.

3.2.9 Computation of variations and valuations remuneration shall be on hourly rate basis in accordance with Schedule 4.

3.2.10 Analysis; remuneration shall be on hourly rate basis in accordance with Schedule.

3.2.11 As-‐built drawings remuneration shall be on hourly rate basis in accordance with Schedule 4.



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3.2.12 Schedules of dilapidations/condition surveys; remuneration shall be on hourly rate basis in accordance with Schedule 4.

3.2.13 Feasibility studies; remuneration shall be on hourly rate basis in accordance with Schedule 4.

3.2.14 Green building rating remuneration shall be on hourly rate basis in accordance with Schedule 4.

3.2.15 Green building rating faculty services remuneration shall be on hourly rate basis in accordance with Schedule 4.

3.2.16 Green building rating assessment remuneration shall be on hourly rate basis in accordance with Schedule 4.

3.2.17 Arbitration remuneration shall be on hourly rate basis in accordance with Schedule 4.

3.2.18 Design Audit remuneration shall be on hourly rate basis in accordance with Schedule 4.

3.2.19 Lessons Learnt (including Building Performance Appraisal) remuneration shall be on hourly rate basis in accordance with Schedule 4.

3.2.20 Design Quality Management (DQM) remuneration shall be on hourly rate basis in accordance with Schedule 4.

3.2.21 Procurement remuneration shall be on hourly rate basis in accordance with Schedule 4.



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Schedule 4. ARCHITECTS REMUNERATIONS, RATES AND CALCULATIONS

4.1 Remuneration for Standard Services and Reimbursables 4.1.1 Remuneration for standard services for Design Stages I and II shall be 4.75% of the Estimated Project

Cost for new projects, and 9.5% for services on existing structures all of which shall be adjusted appropriately at the end of Design Stage II for the final fees payable to the Architect.

4.1.2 All remunerations payable to the Architect shall be in accordance with Table 5.11a.

4.1.3 Remunerations for Tendering and Construction Stages shall be charged on the minimum hourly rates in accordance with Schedule 4.3.

4.2 Remuneration for Partial Services 4.2.1 Where the Architect is appointed to render a partial service, the remuneration shall be charged in

accordance with Schedule 4 and adjusted for the scope of services rendered in accordance with Schedule 1.



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4.3 Hourly Rates for Architectural Services

4.3.1 Minimum Hourly rates for Architectural Services Rendered The following minimum hourly rates are chargeable:

S/N Professional Cadre Minimum Years

of Experience *Hourly Rates N

1 Chief Architect Consultant (CAC) /Fellow 30 & above 100,000

2 Principal Architect Consultant (PAC) /Fellow 25 29 85,000

3 Senior Architect Consultant (SAC) /Fellow 20 24 70,000

4 Architect Consultant (AC) I 15 19 45,000

5 Architect Consultant (AC) II 10 -‐14 35,000

6 Architect 5 9 30,000

7 Associate Architect 1-‐ 4 25,000

8 Graduate Architect -‐-‐ 20,000

9 Architectural impressionist -‐-‐-‐ 20,000

10 CAD Technician -‐-‐-‐ 15,000

11 Architectural Technologist -‐-‐-‐ 15,000

12 Secretarial Services

Senior Secretary -‐-‐-‐ 10,000

Secretary -‐-‐-‐ 7,500

Assistant Secretary -‐-‐-‐ 5,000

13 Drivers

Senior Driver -‐-‐-‐ 10,000

Driver -‐-‐-‐ 7,500

14 Others

Table 4.3.1 a

*This hourly rate is subject to annual adjustment using the inflation index of the Central Bank of Nigeria.



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4.4 Reimbursables for All Services Reimbursables for all the services as stated above shall be based on the Adjusted Cost of Project with the exception of 4.4.3 and 4.4.4.

S/N DESCRIPTION CHARGE REMARKS

4.4.1 Reimbursables (flat rate) -‐ Architecture 0.6% of Adjusted Cost of project same city

4.4.2 Reimbursables (flat rate) Project Management

0.2% of Adjusted Cost of project same city

4.4.3 Reimbursables -‐ Architecture cost plus 15% administrative charge

outside city

4.4.4 Reimbursables Project Management cost plus 15% administrative charge.

outside city

Table 4.4 a

4.5 Payment Time Limit All remunerations due shall be honoured within 21 working days, failing which it shall attract interest at 2.5% above prevailing bank rate for the period of delay;



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18 AMENDMENT TO CONDITIONS OF ENGAGEMENT AND REMUNERATIONS i) The Remunerations contained in this agreement are as currently published by the Architects

Registration Council of Nigeria (ARCON) and The Nigerian Institute of Architects, (NIA) and the said Remunerations shall be subject to review and amendment by The Council and The Institute.

ii) The Architect shall have the right to revise, alter or amend the Remunerations applicable to this agreement in the event of a change or amendment of the said Remunerations as published by the Architects Registration Council of Nigeria (ARCON) and the Nigerian Institute of Architects (NIA).

iii) A change or alteration in the Remunerations applicable to this Agreement shall become effective immediately upon the expiration of 30 days from the delivery of notification by the Architect to the

CON and NIA).

19 ATTESTATION II SIGNED AND DELIVERED by:

Signature:

for and on behalf of the Client: ______________________________________________

in the presence of:

Witness Signature:

Name in block letters ______________________________________________

Address ______________________________________________

SIGNED AND DELIVERED by :

Signature:

for and on behalf of the Architect ______________________________________________

in the presence of:

Witness Signature:

Name in Block letters: ______________________________________________

Address: ______________________________________________



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20 ADDENDUM ARCON PROJECT REGISTRATION FORMS ARCON Project Registration No: ................................... ISSUE DATE ................................................

20.1 Project Registration Details

PROJECT NAME:

TYPE OF PROJECT(S):

LOCATION OF PROJECT(S):

ESTIMATED PROJECT COST:

EMPLOYER/CLIENT:

ADDRESS:

CONSULTANT:

ADDRESS:

NOTES:

20.2 Contract Registration Details

DATE OF CONTRACT AWARD:

DATE OF CONTRACT SIGNING:

CONTRACTOR:

ADDRESS:

CONTRACT SUM:

NOTES:

20.3 Contract Completion Details

DATE OF POSSESION OF SITE:

DATE OF FINAL COMPLETION:

DATE OF FINAL HANDOVER:

FINAL CONTRACT SUM:

NOTES:

END OF AGREEMENT

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